Morrison v. Martin
Supreme Court of Connecticut
Action to recover damages for alleged fraud of the defendants in concealing, withholding, and conveying away, their property, with intent to prevent it from being taken on legal process, brought to the Court of Common Pleas in Fairfield County where the plaintiffs were nonsuited in a trial to the jury before Scott, J., from which judgment they appealed.
1Opinion of the CourtThayer, J.
The plaintiffs hold a note against the defendants which the latter admit and refuse to pay. This action is upon § 1099 of the General Statutes to enforce the collection of the debt. In Atwater v. Slepcow, 74 Conn. 671, 673, 51 Atl. 1063, we said: “Fraud is the gist of the action provided by the statute, but it is fraud in respect to a debt. The real purpose of the action is the collection of the debt.” The statute gives the remedy only to a creditor who is aggrieved by the ,, fraud. If, therefore, the creditor is not damaged by the fraud, he has no right to resort to an action upon the…
2Cases cited3 opinions
- Allen v. LynessSupreme Court of Connecticut · 1909
- Atwater v. SlepcowSupreme Court of Connecticut · 1902
- Fearey v. HotchkissSupreme Court of Connecticut · 1878